DEPARTMENT OF THE ARMY U.S. Army Corps of Engineers …

CEMP-CN

Regulation No. 1140-1-211

DEPARTMENT OF THE ARMY U.S. Army Corps of Engineers Washington, D.C. 20314-1000

ER 1140-1-211 15 August 2011

Support for Others NON-DEPARTMENT OF DEFENSE REIMBURSABLE SERVICES

1. Purpose. This regulation provides guidance on USACE performing reimbursable work for nonDepartment Of Defense entities. This work is further defined and described in paragraphs 5 and 6. The USACE Homepage contains a web site for the Interagency and International Services (liS) program which is located at: . Included at this site is policy and guidance on interagency and international services (liS), a listing ofprogram authorities, customers and services, model memorandum of agreement (MOAs), support agreements and a database of existing MOAs.

2. Applicability. This regulation applies to HQUSACE elements, major subordinate commands, districts, centers and field operating activities (FOA).

3. Distribution Statement. Approved for public release. Distribution unlimited.

4. References. See Appendix A.

5. Definitions.

a. Memorandum of Agreement (MOA). A written agreement that defines general areas of conditional agreement between two or more parties where one party agrees to provide services ifthe other party provides the funds. USACE reimbursable services arrangements will generally be defined in a MOA. MOAs should be supplemented with support agreements that define the support, basis for reimbursement for each category of support, the billing and payment process, and other terms and conditions of the agreement. Dep't ofthe Treasury (DoT) Financial Management Service (FMS) Form 6-1 0 7600A, "Interagency Agreement (IAA) -Agreement Between Federal Agencies, General Terms and Conditions (GT&C) Section" and the USACE appendices (available via theliA website) provide an updated standardized MOA format.

b. Memorandum of Understanding (MOU). A written agreement that defines general areas of understanding between two or more parties that does not require reimbursement and each party operates fully within the limits of their existing programmatic authority.

This regulation supersedes ER 1140-1-211, 22 Jun 92

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c. Support Agreement/Interagency Agreement. A numbered form, which may include a narrative addendum, co-signed by appropriate representatives of USACE and the other agency, by which specific engineers, construction, technical, administrative and/or logistical support is provided by one party with funds provided by the other party. ENG Form 4914-R, U.S. Army Corps of Engineers Interagency Agreement (Appendix B) or similar interagency agreement document (from another party) may be used for this purpose. Normally ENG Form 4914-R will be used with a valid MOA. ENG Form 4914-R with attachment B, (See liS website) will be used when no MOA exists. ENG Form 4914 may be locally reproduced. Alternatively, for MOAs that have been entered into using DoT FMS Form 6-10 7600A, the support agreement/interagency agreement must be executed using DoT FMS Form 7-10 7600B, "Interagency Agreement (IAA)- Agreement Between Federal Agencies, Order Requirements and Funding Information (Order) Section."

d. Interagency and International Services (liS). liS is work performed by USACE under applicable Federal law and funded by non-DOD Federal agencies; States, local governments ofthe United States; private firms, other nations, and international organizations. For purposes of this regulation, the term "states" includes any of the 50 States of the United States, plus the District of Columbia; Indian tribes; the Commonwealths of Puerto Rico and Northern Mariana Islands; the Territories of the U.S. Virgin Islands, Guam and American Samoa.

6. Work not covered by this regulation. This regulation is not applicable to the activities outlined below.

a. USACE legislatively mandated programs. liS does not include activities for which USACE receives funds directly from Congress.

b. Emergency work.

(1) Emergency work requested by the Federal Emergency Management Agency under the provisions of Public Law 93-288 and performed in accordance withER 500-1-1.

(2) Emergency dredging work performed under the provisions ofPublic Law 95-269. This work shall be reported to CDRHQUSACE (CECW-CO) Washington, D.C. 20314-1000uponcompletion.

(3) Other emergency work such as cleanup of spills or emergency relocations.

c. Work for DoD agencies. The liS Program and this regulation are not applicable to work for DoD agencies. NOTE: National Guard activities are considered DOD iffunding is provided by DoD If funding is provided in whole or part to USACE by the state government then the rules for state and local support apply. (see para. 11)

d. Reimbursable assistance by USACE laboratories. ER 70-1-5 is applicable to this work.

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e. Foreign military sales and security assistance programs.

ER 1140-1-211 15 Aug 11

7. Guidance on Considering non-DOD Reimbursable Opportunities.

a. General. Within the guidelines listed below, USACE Commands and members are encouraged to be active participants in the liS program by:

(1) Providing services that maintain or enhance USACE competencies and ability to perform its assigned missions or enhance USACE capabilities to respond to new challenges consistent with USACE's purpose.

(2) Supporting agencies which do not possess technical expertise to fulfill the in-house engineering needs of their programs.

(3) Supporting agencies which do not have the staff to effectively manage environmental, real estate, engineering-design, or construction work being conducted by private firms under contract.

(4) Supporting strategic customers at the international, national, regional and local level.

b. Customer Relations Management Planning. HQUSACE has identified customers considered to be of national strategic importance and has assigned certain USACE SES and Commanders the role of Executive Liaison (EL) with those customers. This information is on the liS website. USACE Commands are encouraged, under the leadership of each EL, to develop customer relationship management plans to guide interactions with their regional and local counterparts ofthe national strategic customers and with other customers of regional or local importance.

c. Management objectives. Potential clients should be advised that liS work will be managed following the program and project management policies and procedures specified in ER 5-1-11, as appropriate, including assignment of a project manager, monitoring and accountability for project costs and schedules, and managing project data in the Project Management Information System. In addition, Federal agency clients should be advised ofvalue management/engineering requirements set forth in OMB Circular A-131. While the primary objective is to provide the client a quality product, on time, and within the established budget, other equally important objectives that the potential client should be cognizant of include:

(1) Use of the full breadth of USACE technical and project management skills and review procedures at the appropriate level. However, work may be accepted, and the client charged appropriately, where only one or a few ofUSACE technical skills are desired.

(2) Use of the design and construction talents of the private sector where feasible.

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(3) Recognition that the client will retain responsibility for all costs associated with budgetary justification, and legal liability incurred by USACE.

d. USACE responsibility to customers.

(1) Maintaining open communications with the customer to include setting realistic expectations, updates on work progress and budget status;

(2) Fostering a corporate spirit and personal attitude of cooperation;

(3) Being responsive to customers by providing fair, reasonable and timely answers;

(4) Including the customer in all applicable Project Delivery Team (PDT) meetings;

(5) Ensuring meaningful participation by the customer in decisions about all aspects ofthe work scheduling, development, project planning, standards, acquisition strategy and execution;

(6) Ensuring quality technical, managerial, and administrative work and products;

(7) Fostering creativity and flexibility;

(8) Being accountable for the appropriate and efficient use of customer funds.

e. Competitive proposals. USACE Commands will not respond to Requests for Proposals (RFPs) nor respond to requests for assistance when an agency is in the process of negotiating with a private firm for the same services without specific approval from HQUSACE. USACE commands should contact CEMP-CN before accepting work previously performed by a private firm.

8. Approval Authorities.

a. MSC authorities. Major Subordinate Command (MSC) Commanders and heads ofFOA are empowered and encouraged to accept reimbursable work and sign agreements when all the following conditions are met. MSC Commanders may delegate their authority to district commanders. Please note that this delegation of authority does not extend to USACE placing USACE orders for services from other Federal agencies. In that situation, please consult the FAR, DFARS, AFARS, EFARS and other appropriate contracting guidance.

(1) The work must comply with the criteria checklist and accompanying instructions in Appendix D. Questions about a request for support or completion of the worksheet in Appendix D should be addressed to CEMP-CN.

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(2) The work can be accomplished within the existing MSC resource allocations until the next Corps ofEngineers Manpower Requirements System(CEMRS) cycle without compromising any goals or otherwise creating delays in USACE civil works or military programs functions.

(3) The work is within the MSC's civil works boundary, unless other customer boundaries (e.g., Superfund) have been established by HQUSACE. Ifa request for reimbursable work falls outside an MSC's boundary, the requested MSC must consult with the geographic MSC where the work will occur and if concurrence cannot be obtained submit the matter to CEMP-CN.

(4) Other applicable requirements ofthe Engineer Regulations referenced in Appendices A and E of this regulation are met.

b. HQUSACE Approval. Opportunities exceeding the authority cited in paragraph 8a must be approved by HQUSACE.

c. OASA(CW) Approval. All national level agreements with non-DoD Federal agencies, agreements with foreign governments or international organizations will be coordinated with OASA(CW) on the content and appropriate signature level. See also paragraph 11.a (2).

9. HQUSACE Management of Selected Reimbursable Programs. Certain programs are centrally managed by HQUSACE. For these programs, USACE entities should undertake work in accordance with HQUSACE guidance for each program. Appendix E provides a listing of these programs.

10. Work for Federal Agencies. The Economy in Government Act (31 U.S.C. 1535) is the primary authority for providing support to Federal agencies. An ordering agency may use 31 U.S.C. 1535 to place an order with USACE and USACE may use 31 U.S.C. 1535 to accept the orders to provide goods or services. Two other authorities that allow USACE to support other Federal agencies are 10 U.S.C. 3036d and 33 U.S.C. 2323a. These authorities only allow USACE to provide services; the requesting agency must have an authority other than the Economy Act to request services. 33 U.S.C. 2323a provides USACE authority to support other Federal agencies on problems of national significance related to infrastructure development, water resources or environmental protection.

11. Work for State and Local Governments. All decisions and agreements with State and local governments must include an exit strategy to end USACE support within a period of 5 years or less. In addition, work cannot be accepted related to an authorized Federal (USACE) project without approval by HQUSACE (CECW). Contact the appropriate Regional Integration Team (RIT) for guidance.

a. Work Not Involving Federal Funding Assistance.

(1) The Intergovernmental Cooperation Act (31 U.S.C. 6505) is the primary authority for providing support to state and local governments (Support to Indian Tribes is not authorized under

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